We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

THE METROPOLITAN BOROUGH COUNCIL OF SEFTON v ALLENBUILD LTD

Construction Law Reporter

THE METROPOLITAN BOROUGH COUNCIL OF SEFTON v ALLENBUILD LTD

Enforcement of decision of adjudicator – Defendant seeking stay pursuant to section 9 of the Arbitration Act 1996

The claimant brought proceedings against the defendant in which it sought summary judgment in order to enforce the decision of an adjudicator, in which the adjudicator ordered the defendant to pay to the claimant the sum of £2,204,215.13. The defendant sought to resist enforcement and to obtain a stay pursuant to section 9 of the Arbitration Act 1996. Judge Hodge QC stated that the resolution of the dispute between the parties required consideration of two competing public interests, namely the “pay now, argue later” policy which underpins the construction adjudication legislation and the respect to be accorded to the contractual autonomy of parties who have agreed that any dispute that may arise between them is to be referred to arbitration.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click login button.

Login